The Bombay High Court recently ordered an enquiry against a family for selling its allotted flat in a redeveloped building of the Slum Rehabilitation Authority (SRA) in Dharavi. The enquiry has been ordered after the son of this family petitioned the HC complaining that his mother and sister sold the flat within the 10 years stipulated time.
A Bench led by Justice Amjad Sayed has also ordered the family to deposit Rs 60 lakh, the amount for which the flat was sold to a third party.
The Bench was hearing a plea filed by a man challenging the sale of the flat allotted to them by the SRA under the redevelopment scheme.
Notably, the SRA norms doesn't permit a tenant to sell or rent or create any kind of third party interests in a flat allotted under a redevelopment scheme.
According to the man, his mother and sister sold the flat within the 10 years deadline and thus urged the bench to declare that the sale was illegal.
In her defence, the mother claimed that the flat was sold after her son gave his consent. She even submitted the sale deed that showed the signatures of the son. She even claimed that her deceased husband had transferred the room (before redevelopment) in her name and she being the rightful owner has legally sold the flat.
At this, the son told the judges that the signatures do not belong to him and instead are forged ones.
Having heard the contentions, Justice Sayed ordered the SRA officials to conduct a thorough enquiry into the matter and ascertain if the flat was sold before the 10 years deadline.
The court has also ordered the family to deposit before the court, the amount of Rs 60 lakh for which the flat was sold.
A further directive has been issued to the SRA to consider acting suo motu against the family if there is a breach of any law in selling the flat.